senate Bill S3210B

2011-2012 Legislative Session

Relates to the criminal sale of a controlled substance to a person less than fourteen years of age

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2012 referred to codes
delivered to assembly
passed senate
Jan 30, 2012 amended on third reading 3210b
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.62
Jan 04, 2012 referred to codes
returned to senate
died in assembly
May 09, 2011 referred to codes
delivered to assembly
passed senate
Apr 11, 2011 advanced to third reading
Apr 06, 2011 2nd report cal.
Apr 05, 2011 1st report cal.308
Mar 28, 2011 print number 3210a
amend (t) and recommit to codes
Feb 11, 2011 referred to codes

Votes

view votes

Jan 18, 2012 - Codes committee Vote

S3210A
12
1
committee
12
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 5, 2011 - Codes committee Vote

S3210A
11
1
committee
11
Aye
1
Nay
1
Aye with Reservations
0
Absent
3
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 5, 2011

nay (1)
aye wr (1)
excused (3)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S3210 - Bill Details

See Assembly Version of this Bill:
A3032C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §220.48, add §220.49, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2316A, A6494A

S3210 - Bill Texts

view summary

Relates to the criminal sale of a controlled substance to a person less than fourteen years of age.

view sponsor memo
BILL NUMBER:S3210

TITLE OF BILL:
An act
to amend the penal law, in relation to the sale of controlled substances
to minors

PURPOSE OF BILL:
To amend the Penal Law to provide that the sale of
controlled substances to minors may be prosecuted as a more serious
offense.

SUMMARY OF SPECIFIC PROVISIONS:
§220.41 and §220.43 of the Penal Law
are amended by adding new sections which address the sale of a
controlled substance to a person less than eighteen (18) years of age
and to a person less than fourteen (14) years of age.

JUSTIFICATION:
There has been a recent increase in drug use,
especially opiate based substances, by young adults and teenagers.
There has also been an increase in overdose cases and overdose
deaths. Many of these youngsters start experimenting in their teenage
years with addicting prescription drugs and opiate based prescription
drugs.

Nassau County recently had a crisis when middle school children
thirteen and fourteen years old wanted to use heroin. They left home
and began a search to buy heroin as was later detected by a review of
their computers internet history, To provide a criminal sanction for
drug dealers, there is a need for the section dealing with someone
who would sell drugs to a minor.

Drug use has become more prevalent among high school students.
Although, the total answer to this epidemic is not to be found in the
amendment of these two sections of the law, the passage of this bill
will result in another tool to help in the battle to protect our
children. Drug dealers prey upon our young people and must be dealt
with harshly in appropriate circumstances.
This bill is intended to punish those who profit from the enterprise
of selling these drugs to our children.

It is widely recognized that the combination of education, treatment
and enforcement is the most effective way to protect our youngsters
from narcotics addiction. This bill provides substantial assistance
to law enforcement in the crucially important element of enforcement.

LEGISLATIVE HISTORY:
A.6494 in 2010

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
This act shall take effect on September 1, 2011.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3210

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  the  sale  of  controlled
  substances to minors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 7 of  section  220.41  of  the  penal  law,  as
amended by chapter 75 of the laws of 1995, is amended and a new subdivi-
sion 8 is added to read as follows:
  7.   methadone and the methadone weighs three hundred sixty milligrams
or more[.]; OR
  8. A CONTROLLED SUBSTANCE TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
  S 2. Subdivision 2 of section 220.43 of the penal law, as  amended  by
chapter  75  of  the laws of 1995, is amended and a new subdivision 3 is
added to read as follows:
  2. methadone and the  methadone  weighs  two  thousand  eight  hundred
eighty milligrams or more[.]; OR
  3. A CONTROLLED SUBSTANCE TO A PERSON LESS THAN FOURTEEN YEARS OF AGE.
  S 3. This act shall take effect September 1, 2011.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06942-01-1

Co-Sponsors

S3210A - Bill Details

See Assembly Version of this Bill:
A3032C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §220.48, add §220.49, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2316A, A6494A

S3210A - Bill Texts

view summary

Relates to the criminal sale of a controlled substance to a person less than fourteen years of age.

view sponsor memo
BILL NUMBER:S3210A

TITLE OF BILL:
An act
to amend the penal law, in relation to the criminal
sale of a controlled substance
to a person less than fourteen years of age

PURPOSE OF BILL:
To amend the Penal Law to provide that the sale of controlled
substances to minors under 14 may be prosecuted as a more serious
offense.

SUMMARY OF SPECIFIC PROVISIONS:
Adds §220.49 of the Penal Law which creates the crime of criminal sale
of a controlled substance to a child in the first degree, making the
sale of a controlled substance by an adult to a minor under the age
of 14 a class A-II felony. Also Amends the title of §220.48 of the
Penal Law, reflecting the lesser included offense of criminal sale of
controlled substance to a child in the second degree.

JUSTIFICATION:
There has been a recent increase in drug use, especially opiate based
substances, by young adults and teenagers. There has also been an
increase in overdose cases and overdose deaths. Many of these
youngsters start experimenting in their teenage years with addicting
prescription drugs and opiate based prescription drugs.

Nassau County recently had a crisis when middle school children
thirteen and fourteen years old wanted to use heroin. They left home
and began a search to buy heroin as was later detected by a review of
their computers internet history, To provide a criminal sanction for
drug dealers, there is a need for the section dealing with someone
who would sell drugs to a minor.

Drug use has become more prevalent among high school students.
Although, the total answer to this epidemic is not to be f01U1d in the
amendment of these two sections of the law, the passage of this bill
will result in another tool to help in the battle to protect our
children.
Drug dealers prey upon our young people and must be dealt with harshly
in appropriate circumstances. This bill is intended to punish those
who profit from the enterprise of selling these drugs to our children.

It is widely recognized that the combination of education, treatment
and enforcement is the most effective way to protect our youngsters
from narcotics addiction. This bill provides substantial assistance
to law enforcement in the crucially important element of enforcement.

LEGISLATIVE HISTORY:
This is a new bill. Similar legislation was introduced as A.6494 (2010)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect on September 1, 2011.

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download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3210--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the penal law, in relation to the criminal sale of a
  controlled substance to a person less than fourteen years of age

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 220.48 of the penal law, as added by section 28 of
part AAA of chapter 56 of the laws  of  2009,  is  amended  to  read  as
follows:
S 220.48 Criminal  sale  of  a  controlled  substance  to a child IN THE
           SECOND DEGREE.
  A person is guilty of criminal sale of a  controlled  substance  to  a
child  IN THE SECOND DEGREE when, being over twenty-one years old, he or
she knowingly and unlawfully sells a controlled substance  in  violation
of section 220.34 or 220.39 of this article to a person less than seven-
teen years old.
  Criminal  sale  of  a  controlled  substance  to a child IN THE SECOND
DEGREE is a class B felony.
  S 2. The penal law is amended by adding a new section 220.49  to  read
as follows:
S 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
           DEGREE.
  A  PERSON  IS  GUILTY  OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
CHILD IN THE FIRST DEGREE WHEN, BEING OVER EIGHTEEN YEARS OLD, HE OR SHE
KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE  IN  VIOLATION  OF
SECTION  220.34 OR 220.39 OF THIS ARTICLE TO A PERSON LESS THAN FOURTEEN
YEARS OLD.
  CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
IS A CLASS A-II FELONY.
  S 3. This act shall take effect September 1, 2011.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06942-02-1

Co-Sponsors

view additional co-sponsors

S3210B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3032C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §220.48, add §220.49, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2316A, A6494A

S3210B (ACTIVE) - Bill Texts

view summary

Relates to the criminal sale of a controlled substance to a person less than fourteen years of age.

view sponsor memo
BILL NUMBER:S3210B REVISED 01/31/12

TITLE OF BILL:
An act
to amend the penal law, in relation to the criminal
sale of a controlled substance
to a person less than fourteen years of age

PURPOSE OF BILL:
To amend the Penal Law to provide that the sale of controlled
substances to minors under 14 may be prosecuted as a more serious
offense.

SUMMARY OF SPECIFIC PROVISIONS:
Adds §220.49 of the Penal Law which creates the crime of criminal sale
of a controlled substance to a child in the first degree, making the
sale of a controlled substance by an adult to a minor under the age
of 14 a class A-II felony. Also Amends the title of §220.48 of the
Penal Law, reflecting the lesser included offense of criminal sale of
controlled substance to a child in the second degree.

JUSTIFICATION:
There has been a recent increase in drug use, especially opiate based
substances, by young adults and teenagers. There has also been an
increase in overdose cases and overdose deaths. Many of these
youngsters start experimenting in their teenage years with addicting
prescription drugs and opiate based prescription drugs.

Nassau County recently had a crisis when middle school children
thirteen and fourteen years old wanted to use heroin. They left home
and began a search to buy heroin as was later detected by a review of
their computers internet history, To provide a criminal sanction for
drug dealers, there is a need for the section dealing with someone
who would sell drugs to a minor.

Drug use has become more prevalent among high school students.
Although, the total answer to this epidemic is not to be found in the
amendment of these two sections of the law, the passage of this bill
will result in another tool to help in the battle to protect our
children.
Drug dealers prey upon our young people and must be dealt with harshly
in appropriate circumstances. This bill is intended to punish those
who profit from the enterprise of selling these drugs to our children.

It is widely recognized that the combination of education, treatment
and enforcement is the most effective way to protect our youngsters
from narcotics addiction. This bill provides substantial assistance
to law enforcement in the crucially important element of enforcement.

LEGISLATIVE HISTORY:
S.2316-A/A.6494-A (2010)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on September 1, 2012.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3210--B
    Cal. No. 62

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by  Sens. MARTINS, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee -- recommitted to the Committee on  Codes  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the penal law, in relation to the  criminal  sale  of  a
  controlled substance to a person less than fourteen years of age

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 220.48 of the penal law, as added by section 28  of
part  AAA  of  chapter  56  of  the  laws of 2009, is amended to read as
follows:
S 220.48 Criminal sale of a controlled  substance  to  a  child  IN  THE
           SECOND DEGREE.
  A  person  is  guilty  of criminal sale of a controlled substance to a
child IN THE SECOND DEGREE when, being over twenty-one years old, he  or
she  knowingly  and unlawfully sells a controlled substance in violation
of section 220.34 or 220.39 of this article to a person less than seven-
teen years old.
  Criminal sale of a controlled substance  to  a  child  IN  THE  SECOND
DEGREE is a class B felony.
  S  2.  The penal law is amended by adding a new section 220.49 to read
as follows:
S 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
           DEGREE.
  A PERSON IS GUILTY OF CRIMINAL SALE OF A  CONTROLLED  SUBSTANCE  TO  A
CHILD IN THE FIRST DEGREE WHEN, BEING OVER EIGHTEEN YEARS OLD, HE OR SHE
KNOWINGLY  AND  UNLAWFULLY  SELLS A CONTROLLED SUBSTANCE IN VIOLATION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06942-05-2

S. 3210--B                          2

SECTION 220.34 OR 220.39 OF THIS ARTICLE TO A PERSON LESS THAN  FOURTEEN
YEARS OLD.
  CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
IS A CLASS A-II FELONY.
  S 3. This act shall take effect September 1, 2012.

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